Kuwait follows the 8th Edition of the International Classification (Nice Classification).

Beer, ale and porter in class 32, alcoholic goods in class 33 and pork meat in class 29 are not registrable.

Gives protection to all goods in the class, but only the goods covered by the basic registration shall be specified in the Kuwaiti registration.

Can be registered in joint names, but require a certified and legalized copy of a basic registration in the name of joint names.

The only required document for filing a trademark application in Kuwait is a power of attorney legalized up to the Kuwaiti Consul. The power can be filed later without any additional charges. There is no specific deadline for filing the power of attorney at the trademark Office. However, without submitting the legalized power of attorney we may not be able to get the registration certificate.

One application cannot cover more than one class of goods/services. A separate application is needed for each class.

A priority claim is not applicable as Kuwait is not a member of the Paris Convention.

The protection period is 10 years. Calculated from the filing date.

There is no specific requirement regarding marking in the Kuwaiti trademark law. When a registered mark is in use, it is advisable to mark encircled R to indicate that it is registered.

A certified and legalized copy of the amended home or foreign registration. An amendment application is to be filed to correct the details.

Use is not required before registration but should be used 5 consecutive years after filing the application to avoid cancellation on nonuse. Use requirement is not needed for renewal.

The use of one item is sufficient to protect all goods in the same class.

Use should be by means of sale of the products in the territory.

Assignment or any recordal is not possible for any pending application. Need to wait until it is registered.

Recordation of license or registered user is not permissible in the Kuwaiti Trademarks Registry.

No recordals are made against pending applications.

The trademark respective owner shall have the right to assign his trademark with or without the goodwill. A nominal amount is sufficient (Eg. US $1).

Trademark application can be opposed within 30 days from the date of 3rd publication.

Registration of non-traditional marks (smell marks, sound marks, trade dress, etc.) is not allowed in Kuwait.

If a part of the trademark is a city or country name that is different from the nationality of the applicant, it may be rejected during the examination of the mark.

Yes, it is registerable. 

Use of the trademark on one item is sufficient to maintain the protection for all the goods covered by the registration.

To meet the use requirement, the mark is to be used in the Kuwait local market.  Internet use of the mark is not sufficient. Use of the mark in connection with one good or service would suffice to prove its use in the same class of good or service.

To be easy for consumers to recognize and remember.

Kuwait has no specific legislation regarding marking in the Kuwaiti trademark law. If the proposed mark is registered in Kuwait, the client can use the symbol ®.  If the mark is not yet registered anywhere in the world, it is not advisable to use the symbol ®with the mark.